Preliminary issues to resolve

If you are considering freedom of association recourse, the following steps should help you to submit your action under the right ILO supervisory mechanism designed to examine and resolve violation.

Investigate the facts

Complainants should identify the nature of the possible violation. Do the facts involve:

  • An action with ongoing implications – such as violations in the legislation or policy?
  • Or a specific act or occurrence, such as the dissolution of an organization, the arrest of trade unionist – which would perhaps require immediate remedial action?

Next, gather the evidence and information necessary to make out a case. Evidence may include eyewitness statements, public documents, legislation, court judgments or police reports.

If copying is impossible, detailed and specific notes should be taken. For example: “a four-page, handwritten, ‘police incident report’ dated 1 May 2016 was read/seen by trade unionist John Doe on 3 May 2016 at Police Headquarters.”

Present objective evidence of the facts. Consider how statements of facts and factual events will be presented to an ILO supervisory body.

Assess the facts

In view of the facts, are freedom of association principles likely to have been violated? See ILO standards and principles on freedom of association.